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Tamera , I applied passport and was denied because I…

Customer Question

I applied for a...

I applied for a passport and was denied because I have an out of state warrant from 2002 for embezzlement. I was on drugs back then and I don't even remember what I did or didn't do. Didn't know anything about it because I was never arrested or charged. I have been clean and sober for well over 10 years now. How can I clear this?

Lawyer's Assistant: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Criminal Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?

Yes I am. passport was already denied so I have cancelled my trip. But obviously I want to clear this up.

There is only one way to clear up a warrant and that is to go back to court and appear before the judge who issued it and get the warrant vacated. Then, you would have to address your case.

Of course, when you do this, you could end up being placed in jail as a fugitive from justice, so you do not want to try to do this unless/until you have retained a lawyer in that state who could pave the way for your safest possible return and you also have enough bail money set aside so that if the judge does incarcerate you, you could deal with your case while at liberty.

If the matter has never been charged, your lawyer could arrange a voluntary surrender to the police for you at a time and date convenient for you so that you could minimize the time spent being held by the police until you see the judge.

One way or the other, once you come back and the warrant is lifted, it is hard to know at this point what will become of the case. Sometimes, given a 14 year gap in time, the state will be unable to get its witnesses together any more and the matter will have to be dismissed. That's the best case scenario. Sometimes, the state has its witnesses but just to get rid of this matter after all of this time, the prosecutor will offer a very favorable deal to you that will let you return to your present state and get on with your life. That's particularly true if you can show evidence that over the past 10 years, you have turned your whole life around, the way you apparently have and are now a responsible, sober and productive adult.

Other times, the state will still have its witnesses and its evidence and feel it can still mount a strong case against you, and then you'll have to deal with your case.

Whatever happens, however, your starting place should be retaining a lawyer who can see what's out there against you and be in a position to protect you as much as possible so that you can come in and clean up this old case.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).